The court resolved to close the writ petition seeking restoration of forest land, noting that a notification under the Environmental Forest Land Act was issued during pendency, preserving the party's right to challenge it separately.
Writ petition closed with liberty to move appropriate proceedings against the EFL Act notification.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 07TH DAY OF SEPTEMBER 2020 / 16TH BHADRA, 1942 WP(C).No.6496 OF 2019(J)
PETITIONERS:
1 VISHNU NAMBOOTHIRIPAD, AGED 58 YEARS, S/O.LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL, CHALAVARA.P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT.
S/O.LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL,CHALAVARA.P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT.
6 SREEDEVI, D/O.LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL,CHALAVARA.P.O, OTTAPALAM TALUK,PALAKKAD DISTRICT.
D/O.LATE NARAYANAN NAMBOOTHIRIPAD, KADAMPATTA MANAKKAL,CHALAVARA.P.O, OTTAPALAM TALUK, PALAKKAD DISTRICT.
W.P.(C) No.6496 of 2019
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8 SANKARA NARAYANAN, S/O.LATE GOURI, SREERAM SADAN, THIRUVANGAD.P.O, THALASSERI.
(REPRESENTED BY POWER OF ATTORNEY HOLDER U.SURENDRAN, S/O.LATE NARAYANANKUTTY NAIR, AGED 58 YEARS, MAYALOK, KARKKIDAMKUNNU, MANNARKKAD TALUK, PALAKKAD DISTRICT).
BY ADVS.
SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA SRI.H.PRAVEEN (KOTTARAKARA) SRI.T.S.NEJIMUDDIN SMT.T.V.NEEMA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, FOREST AND WILD LIFE DEPARTMENT, THIRUVANANTHAPURAM-695001.
W.P.(C) No.6496 of 2019
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BY ADV. SRI.SANDESH RAJA, SPECIAL GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No.6496 of 2019
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JUDGMENT
The writ petition was filed seeking the
following reliefs:
(ii) To grant such other and further reliefs as are just, proper and necessary in the facts and circumstances of the case.”
2. The learned counsel for the petitioner
submits that during the pendency of the writ
petition, the respondents have issued a notification under EFL Act and therefore the petitioner has to challenge this notification.
Therefore this writ petition is closed with
liberty to petitioner to move appropriate proceedings as against the notification.
Sd/P.V.ASHA JUDGE
ww
W.P.(C) No.6496 of 2019
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APPENDIX
| PETITIO | NERS' EXHIBITS: | |||
|---|---|---|---|---|
| EXHIBIT | P1 TRUE 10.8. |
COPY 2007. |
OF JUDGMENT | IN MFA 297/2001 DATED |
| EXHIBIT | P2 TRUE 7694/ |
COPY 2009 |
OF THE JUD DATED 25.9. |
GMENT IN CIVIL APPEAL 2018. |
| EXHIBIT | P3 TRUE |
COPY | OF THE | REPRESENTATION DATED |
| 23.2. BEFOR |
2019 E THE |
SUBMITTED 3RD RESPON |
BY THE PETITIONERS DENT. |
1 issue framed by the court
Whether the writ petition stands closed in light of a new notification issued under the EFL Act during its pendency.
1 provisions across 1 enactments
Visnu Namboothiripad & Ors.
State of Kerala & Ors.
P.V. Asha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
